Budget Amendment ID: FY2018-S3-225-R1
Redraft GOV 225
Credit Card Audit
Messrs. Tarr, Humason, Montigny, Ross and O'Connor moved that the proposed new text be amended by inserting after section 7 the following section:-
“SECTION 7A. The first paragraph of section 12 of chapter 11 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The state auditor shall have access to employee credit card records for such accounts and shall ensure integrity and accountability of employee credit card usage.”.
Budget Amendment ID: FY2018-S3-227
GOV 227
Center for the Book
Ms. Flanagan, Messrs. Eldridge, Brownsberger and Moore, Ms. O'Connor Ives, Messrs. Lesser and Tarr moved that the proposed new text be amended in section 2, by inserting after item 7000-9506 the following item: “7000-9508 For the Massachusetts Center for the Book, Inc., chartered as the Commonwealth Affiliate of the Center for the Book in the Library of Congress; provided, that the Massachusetts Center for the Book, Inc. shall continue its work as a public-private partnership…………………$250,000”
Budget Amendment ID: FY2018-S3-228
GOV 228
Certified Public Purchasing Retained Revenue
Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 0910-0210, By striking out in line item 0910-0210 the figures “$850,000” and inserting in place thereof the following figures :- “$925,000”.
Budget Amendment ID: FY2018-S3-229
GOV 229
Commissioned Corps Veteran Service
Messrs. Tarr, Rush, Moore, Eldridge and deMacedo, Ms. Gobi, Messrs. O'Connor and Cyr and Ms. Flanagan moved that the proposed new text be amended by inserting, after section ___, the following new section: -:
“SECTION_. SECTION 1. Subdivision (1) of section 4 of chapter 32 of the General Laws as appearing in the 2012 Official Edition is hereby amended by inserting after subsection (r), the following subsection:-
(r ½) Notwithstanding any general or special law to the contrary, a member in service of a retirement system as defined in section 1 who served in the Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration and who has completed 4 or more years of membership service, and who retires on or after January 1st 1975 shall receive full credit for the period of such commissioned corps service. Eligibility for the creditable service of members in service of a retirement system shall be conditioned upon payment, in 1 sum or in installments upon such terms as the applicable retirement board may provide, into the annuity savings fund of the applicable retirement system, of an amount equal to the contributions such member in service would have otherwise paid into the retirement system plus buyback interest thereon for the period of commissioned corps service based upon the annual salary the member received in the first year of membership service after his or her commissioned corps service.”
Budget Amendment ID: FY2018-S3-230-R1
Redraft GOV 230
Library for the Commonwealth
Messrs. Rush and O'Connor moved that the proposed new text be amended in section 2, in item 7000-9401, by striking out the figure “42.7” and inserting in place thereof the following figure:- “43.9”; and in said item by striking out the figure “$10,383,482” and replacing it with the figure "$10,457,247”
Budget Amendment ID: FY2018-S3-231
GOV 231
Civil Service Streamlining
Mr. Rush moved that the proposed new text be amended in section 2, in item 1750-0100, by adding at the end thereof the following: “provided further, the department shall expedite entry level and promotional rankings within 90 days of any promotional or entry level civil service exam”
Budget Amendment ID: FY2018-S3-232
GOV 232
Veterans Civil Service Ombudsmen
Messrs. Rush, Cyr, Humason, Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 1750-0100, by adding at the end thereof the following: “provided further that $100,000 be expended for a veterans civil service ombudsmen”; and in said item, by striking out the figures “$2,918,811” and inserting in place thereof the figures “$3,018,811”
Budget Amendment ID: FY2018-S3-233
GOV 233
Veterans Bonus
Messrs. Rush, Lewis, Moore, Tarr and O'Connor, Ms. O'Connor Ives and Ms. Lovely moved that the proposed new text be amended by inserting, after section __, the following new sections:-
"SECTION __. Section 16 of chapter 130 of the acts of 2005 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
Upon application, as provided in this section, there shall be allowed and paid out of the treasury of the commonwealth without appropriation to each person, who shall have served in the armed forces of the United States in active service as part of Operation Enduring Freedom, Operation Iraqi Freedom, Operation Noble Eagle, Operation Inherent Resolve, Operation Freedom Sentinel, or any successor or related operation, who was discharged or released under honorable conditions for such service, the sums specified in this section; if the domicile of every person on account of whose service the application is filed, shall have been in the commonwealth for a period of not less than 6 months before the time of their entry into the service.
SECTION __. Said section 16 of chapter 130 of the acts of 2005 is hereby further amended by striking subsections (1) and (2) and inserting in place thereof the following subsections:-
(1) $1,000 to each such veteran who performed active service outside of the continental limits of the United States for which the veteran qualified for hostile fire or imminent danger pay as determined by the United States Department of Defense .
(2) $500 to each such veteran who performed active duty within the continental limits of the United States or outside the continental limits of the United States but did not qualify for hostile fire or imminent danger pay as determined by the United States Department of Defense for a period of 6 months or more."
Budget Amendment ID: FY2018-S3-234
GOV 234
Uniform Law Commission
Ms. Creem moved that the proposed new text be amended in section 2, by inserting the following new line item:
1599-2003 For the purpose of funding the Uniform Law Commission; provided, that prior fiscal year payments may be payable from this item……………………………….$125,000
Budget Amendment ID: FY2018-S3-235
GOV 235
Suffolk Registry of Deeds
Mr. Rush moved that the proposed new text be amended in section 2, in item 0540-1900, by striking out the figure “$1,806,110” and inserting in place thereof the following figure:- “$2,006,110”
Budget Amendment ID: FY2018-S3-236
GOV 236
Quarter Point Amendment
Messrs. McGee, Cyr, Moore, Eldridge and Keenan, Ms. Gobi, Ms. Flanagan, Messrs. Brady, O'Connor and Timilty, Ms. Lovely and Mr. Lewis moved that the proposed new text be amended in section 2, in item 1599-4445, by inserting after line item 1599-3100 the following item:
1599-4445 For a reserve to meet the fiscal year 2018 costs of quarter point benefits authorized by collective bargaining agreements with the executive branch and ratified by the general court……...................................................... $8,110,781
Budget Amendment ID: FY2018-S3-237
GOV 237
Donations for Municipal Events
Ms. Flanagan, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended by inserting, after section ___, the following new section:-
Section 14 of chapter 138 of the General Laws is hereby amended by striking out the second paragraph, inserted by chapter 458 of the acts of 2016as appearing in the 2014 Official Edition, is hereby amended by inserting after the first paragraph, and inserting in place thereof the following paragraph:-
A nonprofit charitable corporation organized pursuant to chapter 180 and registered with the division of public charities in the department of the attorney general and licensed pursuant to this section, or the chief procurement officer or purchasing agent of a municipality government, may accept free alcoholic beverages donated to the nonprofit charitable corporation or municipality government by an individual or, by a person licensed to manufacture alcoholic beverages or by a person licensed to sell alcoholic beverages at wholesale or retail pursuant to this chapter. Any such donated alcoholic beverages shall only be for the purpose of serving such donated alcoholic beverages at fundraising events being held for the benefit of the nonprofit charitable corporation or municipality government.
Budget Amendment ID: FY2018-S3-240
GOV 240
Alcoholic beverage manufacturer pouring licenses
Ms. Flanagan moved that the proposed new text be amended in section 2, by inserting, after section __, the following new section:-
SECTION __. Section 19 of chapter 138 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by inserting, in line 1, before the words “The Commission”, the following:- (a).
SECTION __. Said section 19 of said chapter 138 as so appearing is hereby further amended by inserting at the end thereof, the following subsection:-(b) Notwithstanding section 17, a local licensing authority, subject to the approval of the commission, may grant a license to sell alcoholic beverages for consumption on the manufacturer’s premises to a manufacturer authorized to manufacture alcoholic beverages pursuant to this section; provided, however, that such licensees may sell for on-premises consumption alcoholic beverages produced by the manufacturer.
Budget Amendment ID: FY2018-S3-241-R1
Redraft GOV 241
Encouraging saving through split tax refunds
Ms. Donoghue and Mr. O'Connor moved that the proposed new text be amended by inserting after section 31 the following section:-
“SECTION 31A. Section 85 of said chapter 62C, as appearing in the 2014 Official Edition, is hereby amended by inserting after the first sentence the following 2 sentences:- The commissioner shall permit a taxpayer to designate more than 1 account at financial institutions for the electronic deposit of a refund or abatement. The commissioner may prescribe the maximum number of accounts eligible to receive electronic deposits and the maximum number of accounts to which a taxpayer may elect to contribute a portion of a refund or abatement.”
Budget Amendment ID: FY2018-S3-242
GOV 242
401k CORE Program
Ms. Flanagan and Mr. O'Connor moved that the proposed new text be amended by inserting, after section ___, the following new section:-
SECTION ___. Section 64E of chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking, in lines 5 and 6, the following:- “and employing not more than 20 persons,”
Budget Amendment ID: FY2018-S3-243
GOV 243
Chapter 30B procurement
Ms. Flanagan moved that the proposed new text be amended By inserting, after section ___, the following new sections:-
“SECTION ___. Chapter 30B of the General Laws is amended by striking out in Section 4 in paragraphs (a) and (b) and inserting in place thereof the following sections:-
(a) Except as permitted pursuant to this section and section 7, for the procurement of a supply or service in the amount of $10,000 or greater, but not more than $50,000, a procurement officer shall seek written quotations from no fewer than 3 persons customarily providing the supply or service. The procurement officer shall record: (1) the names and addresses of all person from whom quotations were sought, (2) the purchase description used for the procurement, (3) the names of the persons submitting quotations and (4) the date and amount of each quotation. Such information shall be retained in the file required pursuant to section 3. A governmental body may require that any procurement in an amount of not more than $50,000 be subject to the provisions of section 5 or section 6.
(b) The procurement officer shall award the contract to the responsible person offering the needed quality of supply or service at the lowest quotation unless the procurement officer elected to procure the supply or service subject to section 6. If the supply or service was procured subject to section 6, the procurement officer shall award the contract pursuant to section 6 subsection (g).
SECTION ___. Section 6 of said Chapter 30B is hereby amended in paragraph (a) by inserting after the word “$50,000” the following words: “except as permitted pursuant to section 4 subsection (a),”
Budget Amendment ID: FY2018-S3-244-R1
Redraft GOV 244
Employment of Individuals with Disabilities
Ms. Lovely, Messrs. Cyr, deMacedo, Brady and O'Connor, Ms. Forry, Messrs. Moore, Rush, Timilty and Montigny moved that the proposed new text be amended by adding the following section:-
“SECTION 100A. (a) The supplier diversity office, in consultation with the Massachusetts office on disability, shall set a utilization goal for a contractor's workforce in appropriate state procurements of 6 per cent employment of qualified individuals with disabilities.
(b) Contracts subject to subsection (a) may include, but shall not be limited to, janitorial and custodial services, landscaping services, mailroom services, food services, fleet management, manufacturing, trash removal, document destruction, electronic scanning of documents and facility management services including, but not limited to, HVAC services, painting, emergency repair services and snow removal.
(c) For the purposes of this section, “qualified individual with a disability” shall mean a person who: (i) has a severe physical or mental impairment which seriously limits 1 or more functional capacities for an employment outcome including, but not limited to, mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills; (ii) may require vocational rehabilitation that can be expected to require multiple vocational rehabilitation services over an extended period of time; and (iii) has 1 or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, developmental disability, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders, including stroke and epilepsy, paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, end-stage renal disease or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation to cause comparable substantial functional limitation.
(d) The supplier diversity office shall, in consultation with the Massachusetts office on disability, oversee and monitor progress toward meeting the goal established in subsection (a).”.
Budget Amendment ID: FY2018-S3-245
GOV 245
Power Purchase Agreement
Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting, after section __, the following new section:-
“SECTION _: Section 11C of chapter 25A of the General Laws, as appearing in the 2014 165 Official Edition, is hereby amended by adding the following subsection:
(e)(1) Notwithstanding section 137 of chapter, and consistent with this section and sections 30 and 31 of chapter 7C, the commissioner of capital asset management and maintenance may, in cooperation with a state agency or building authority, develop requests for proposals for power-purchase agreements or net metering agreements involving use of commonwealth real property.
(2) A state agency or building authority may only develop requests for proposals for power- purchase agreements or net metering agreements in a manner consistent with this subsection and with the approval of the commissioner of capital asset management and maintenance, who shall give such approval in writing to the authorized state agency or building authority. The division of capital asset management and maintenance may contract for power-purchase agreements or net metering agreements jointly with the authorized state agency or building authority, if such arrangement is deemed necessary and appropriate by the commissioner of capital asset management and maintenance.
(3) The commissioner of capital asset management and maintenance and the authorized state agency or building authority may award contracts for power-purchase agreements or net metering agreements to the proposer whose proposal provides the best value for the commonwealth. For the purposes of this section, a determination of "best value" may include price per unit of power, total energy output, the quality of the proposal and the entity submitting a proposal, including but not limited to any subcontractors and consultants used by the entity submitting a proposal, and such other factors to be determined by the commissioner of capital asset management and maintenance, and set forth in the request for proposals.
(4) Notwithstanding sections 33 through 36, inclusive, of chapter 7C or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the authorized state agency or building authority, may lease one or more parcels of land owned by the commonwealth, other than land subject to article 97 of the amendments to the constitution of the commonwealth, for a term, including extensions, not to exceed 20 years, in connection with a power-purchase agreement or net metering agreement under this subsection. The exact boundaries of the property so leased shall be determined by the commissioner of capital asset management and maintenance after completion of a survey. Each lease shall be subject to such terms and conditions as the commissioner of capital asset management and maintenance may prescribe, in consultation with the authorized state agency or building authority. In connection with any lease authorized by this section, the commissioner of capital asset management and maintenance may grant rights of way or easements for access, egress and utilities across commonwealth property contiguous to the leased premises, provided, however, that such rights of way or easements shall expire upon the expiration or termination of the lease.”
Budget Amendment ID: FY2018-S3-246
GOV 246
DCAMM Coffee
Messrs. Tarr and O'Connor moved that the proposed new text be amended by inserting, after section ___, the following new section:-
"SECTION __. Said chapter 10 is hereby further amended by inserting after section
35DDD, inserted by section 6 of chapter 121 of the acts of 2016, the following section:-
Section 35EEE. There shall be established and set up on the books of the commonwealth a separate expendable trust, to be known as the Commonwealth Facility Trust for Energy Efficiency, hereinafter in this section referred to as the trust. There shall be credited to the trust: (i) amounts paid by agencies having completed energy or water efficiency projects funded at least in part by monies disbursed from the trust; (ii) any monies received by the commonwealth from persons or governmental, quasi-governmental or non-governmental entities as rebates, credits, securities, grants, or the like as a result of enhancing energy efficiency and utilizing renewable energy applications in facility projects funded at least in part by monies disbursed from the trust; and (iii) any appropriations, bond proceeds, or other monies authorized by the general court and specifically designated to be credited thereto. The comptroller shall disburse amounts in the trust at the direction of the secretary of administration and finance, in consultation with the commissioner of the division of capital asset management and maintenance, without further appropriation, for the purpose of funding certain small and medium energy and water efficiency projects at state facilities identified by the division of capital asset management and maintenance. The secretary of administration and finance or the commissioner of the division of capital asset management and maintenance may require agencies to agree to repayment terms, including without limitation payment of administrative fees, as a condition of receipt of monies from the trust. All monies received from non-governmental parties by the division of capital asset management and maintenance under this section shall be by check made payable to the commonwealth of Massachusetts and deposited in the trust by the division of capital asset management and maintenance. Amounts credited to the trust shall not be subject to further appropriation. Money remaining in the trust at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years."
Budget Amendment ID: FY2018-S3-247
GOV 247
District Local Technical Assistance
Messrs. Eldridge, Cyr, Barrett, Lewis and Ross, Ms. Gobi, Messrs. Timilty, Rush and Hinds, Ms. O'Connor Ives, Mr. Keenan and Ms. Lovely moved that the proposed new text be amended in section 2, in item 1599-0026, by adding the following:- “; provided further, that not less than $2,800,000 shall be expended to fund the District Local Technical Assistance Fund established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization and to assist municipalities in their compliance with new federal regulations, including new stormwater regulations issued by the United States Environmental Protection Agency, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund”; and in said item by striking out the figure “$3,350,000” and inserting in place thereof the following figure:- "$6,150,000”.
Budget Amendment ID: FY2018-S3-248
GOV 248
George Fingold Library
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 1120-4005, by striking out the figure "$864,748" and inserting in place thereof the following figure:- "$924,748”.
Budget Amendment ID: FY2018-S3-249
GOV 249
Volunteer Income Tax Assistance
Messrs. Eldridge, Lewis and O'Connor moved that the proposed new text be amended in section 2, in item 1201-0100, by adding the following:- “; and provided, further, that not less than $800,000 shall be expended to organizations providing tax assistance services to individuals and families qualifying for the Volunteer Income Tax Assistance Program, in partnership with the Internal Revenue Service, for the provision of said services"; and in said item by striking out the figure "$79,667,252" and inserting in place thereof the following figure:- "$80,467,252".
Budget Amendment ID: FY2018-S3-250
GOV 250
Commission on the Status of Asian Americans
Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 0950-0080, by striking out the figures "$50,501" and inserting in place thereof the following figures:- "$75,000".
Budget Amendment ID: FY2018-S3-251
GOV 251
Financial Literacy
Messrs. Barrett, Eldridge and O'Connor moved that the proposed new text be amended in section 2, in item 0610-0010, by adding at the end thereof the following:- “provided that $60,000 shall be expended for Budget Buddies, Inc. in the town of Chelmsford to operate a program that mentors and teaches financial literacy to low-income women”; and in said item, by striking out the figure “$435,000” and inserting in place thereof the figure “$495,000”
Budget Amendment ID: FY2018-S3-253
GOV 253
Increasing the membership of the PRIM board
Messrs. Keenan and McGee, Ms. Gobi, Mr. Brady, Ms. Lovely, Messrs. O'Connor, Timilty and Moore, Ms. O'Connor Ives, Messrs. deMacedo and Boncore moved that the proposed new text be amended by inserting at the end thereof the following new sections:-
SECTION X. Subsection (2A) of section 23 of chapter 32 of the General Laws as appearing in the 2014 Official Edition is hereby amended by striking out in line 187, the word "nine" and inserting in place thereof the word "eleven"."
SECTION XX. Subsection (2A) of section 23 of chapter 32 as so appearing is hereby amended by inserting after the word "Governor", in line 203 the following words:-
"two elected by members of the Executive Board of the Massachusetts Association of Contributory Retirement Systems: from systems that have funds in the PRIT Fund; one from a regional or county board, and one from a municipal retirement board."
Budget Amendment ID: FY2018-S3-254
GOV 254
Massachusetts Clean Water Trust
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 1599-0093, by striking the words “for debt service obligations of the trust under” and inserting in place thereof the following:- “, including, but not limited to, debt service obligations of the trust, principal forgiveness, interest rate reduction, and other subsidies or financial assistance pursuant to”.
Budget Amendment ID: FY2018-S3-257-R1
Redraft GOV 257
Service Employee Compensation
Messrs. Eldridge, Brady, Cyr, Lewis, Montigny and O'Connor moved that the proposed new text be amended in section 2, in item 1599-6903, by adding the following:- “; provided further, that any human service provider receiving revenue under said chapter shall first use not less than 75 per cent of received funds to increase the hourly rate of all of its employees to not less than fifteen dollars per hour and shall report and verify its compliance with this provision to the Secretary of Health and Human Services prior to expending funds for any other purpose; provided however, the secretary may modify the application of the previous proviso for a provider if the secretary provides specific written documentation that compliance would materially interfere with the provider's mission;".
Budget Amendment ID: FY2018-S3-258-R1
Redraft GOV 258
Procurements Requirements
Ms. Lovely and Mr. Tarr moved that the proposed new text be amended by inserting, after section __, the following new section: - “SECTION 66A. The second sentence of subsection (c) of section 22 of chapter 237 of the acts of 2014, as amended by section 126 of chapter 219 of the acts of 2016, is hereby further amended by adding the following words:- ; provided, however, that any future lease or other agreement shall be subject to chapter 7C of the General Laws.”.
Budget Amendment ID: FY2018-S3-259
GOV 259
Executive Employee Compensation
Messrs. Ross and Tarr moved that the proposed new text be amended by inserting, after section __, the following new section:-
“SECTION __. Chapter 6A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following new section:-
Section 105. If an executive officer or employee of an executive office is to be compensated at an annual rate higher than $200,000, such compensation shall not be paid out of the executive office’s operating budget. All such compensation shall be funded by a separate line-item, as defined in section 1 of chapter 29.”
Budget Amendment ID: FY2018-S3-260
GOV 260
TO RESTORE Department of DOR FUNDING AT H1 LEVEL
Mr. Brady moved that the proposed new text be amended in section 2, in item 1201-0100, by striking the figure “$79,667,252” and inserting in place thereof the figure “$80,667,252”.
Budget Amendment ID: FY2018-S3-261
GOV 261
Fiscal Responsibility
Messrs. Tarr, Humason and O'Connor moved that the proposed new text be amended in section 2, in item 0321-1510, by striking out the figure “$100,000,000” and inserting in place thereof the following figure: - “154,777,175”
And further moves to amend said section 2, in item 0321-1520, by striking out the figure “$20,189,970” and inserting in place thereof the following figure:- “23,189,970”.
And further moves to amend said section 2, in item 1108-5200, by striking out the figure “$1,701,048,734” and inserting in place thereof the following figure:- “1,724,048,734”.
And further moves to amend said section 2, in item 1595-3384, by striking out the figure “$2,000,000” and inserting in place thereof the following figure:- “10,000,000”
And further moves to amend said section 2 by inserting after item 1599-4417 the following item:-
“1599-4445 For a reserve to meet the fiscal year 2018 costs of quarter point benefits authorized by collective bargaining agreements with the executive branch and ratified by the general court...............……………..$ 8,110,781”.
And further moves to amend said section 2 by inserting after item 1599-7104 the following item:-
“1599-8910 For a reserve to remediate identified and approved deficiencies incurred by the Sheriffs of the Commonwealth ...............……………..$ 22,020,245”.
And further moves to amend said section 2, in item 7004-0101, by striking out the figure “$166,046,546” and inserting in place thereof the following figure:- “182,246,546”
And further moves to amend said section 2, in item 7004-0108, by striking out the figure “$32,579,696” and inserting in place thereof the following figure:- “38,734,536”.
And further moves to amend said section 2, in item 8900-0001, by striking out the figure “$615,539,903” and inserting in place thereof the following figure:- “624,942,385”.
And further moves to amend the bill, in section 2E, in item 1595-6368, by striking out the figure “$314,411,545” and inserting in place thereof the following figure:- “344,411,545”.
Budget Amendment ID: FY2018-S3-262
GOV 262
Municipal Impact Statement
Ms. O'Connor Ives, Messrs. Hinds, Lewis, O'Connor and Tarr moved that the proposed new text be amended by inserting, after section 113, the following new section:-
"SECTION 114. Chapter 30A of the General Laws is hereby amended by inserting after section 2 the following section:-Section 2A. (a) As used in this section, the following words shall have the following meanings unless the context requires otherwise:
“Action”, (i) the adoption, repeal or amendment of any rule or regulation subject to chapter 30A of the General Laws; or (ii) any administrative action that either places additional expenditure, procedural or organizational requirements on local governments or limits the discretionary powers of local officials or agencies on a statewide basis.
“Local government advisory committee”, the commission established by section 62 of chapter 3.
''Significant financial impact,'' requires municipalities to expand existing services, employ additional personnel, or increase local expenditures.
(b) In the case of action subject to the procedures of chapter 30A, at least 14 calendar days prior to the initiation of compliance, an agency shall initiate the procedures set forth in this section. In the case of actions not subject to the procedures of chapter 30A, an agency shall initiate said procedures at least 45 calendar days prior to the proposed implementation of said action.
An agency shall provide the local government advisory committee, the division of local mandates and the department of housing and community development with a brief statement describing the proposed action, which emphasizes the agency’s best judgment of those elements which might affect local governments including, when feasible, preliminary cost estimates.
Within 21 calendar days of receipt of said statement, the local government advisory committee, the division of local mandates or the department of housing and community development, in cooperation, shall notify the originating agency as to whether or not it believes the proposed action presents potential for significant impact. Failure to notify the agency within 21 calendar days shall be deemed to constitute a judgment of no significant impact; provided, however, that the local government advisory committee, the division of local mandates or the department of housing and community development, with written consent from the originating agency, may agree to extend the review period up to 10 calendar days.
Any such notice shall set forth the aspects of the proposed action which the local government advisory committee, the division of local mandates or the department of housing and community development, as the case may be, believes present potential for significant impact.
Within 14 calendar days of the receipt of a notice under this section, the originating agency shall convene a meeting of representatives of the agency, the local government advisory committee, the division of local mandates and the department of housing and community development to review and discuss the potentially significant impact of the proposed action.
(c) To determine whether the proposed action may present potential for significant impact, agencies, the local government advisory committee, the division of local mandates and the department of housing and community development, in cooperation, shall consider the extent to which the proposed action might require municipalities to: (i) significantly expand existing services; (ii) employ additional personnel; (iii) significantly alter administrative and work procedures; (iv) realign organizational structures; (v) increase disbursements which are not reimbursed by the federal or state government; or (vi) limit the discretion exercised by local officials.
Each agency head, or a designee of the agency head, shall have responsibility within that agency for reviewing proposed administrative policies and regulations to ensure compliance with this section.
(d) An agency may initiate emergency actions under relevant sections of chapter 30A without prior compliance with this order; provided, however, that compliance shall be initiated as soon as practicable following the emergency action and before any emergency action becomes permanent."
Budget Amendment ID: FY2018-S3-263
GOV 263
Government Consultant Transparency
Messrs. Ross, Humason and Tarr moved that the proposed new text be amended by inserting, after Section __, the following new sections:-
“SECTION __. Subsection (b) of section 14C of chapter 7 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out paragraphs (6) and (7) and inserting in place thereof the following new paragraphs:-
“(6) the reports required by subsection (j) of section 6 of chapter 7C;
(7) the names and salaries of all experts, technical consultants and other assistants, as defined in section 7 of chapter 6A, employed by executive offices; and
(8) any other relevant information specified by the secretary.”
SECTION __. Section 7 of chapter 6A of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following:- “The salaries of experts, technical consultants and other assistants shall not be paid out of the executive office’s operating budget. All expenses must be funded by a separate line-item, as defined in section 1 of chapter 29.”
Budget Amendment ID: FY2018-S3-264
GOV 264
Technical Changes to the Betsy Lehman Center for Patient Safety and Medical Error Reduction Enabling Statute
Ms. Creem moved that the proposed new text be amended by inserting, after section XX, the following new section:-
SECTION XX. Section 1. Chapter 12C of the General Laws is hereby amended by striking out section 15, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-
Section 15. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Adverse event'', harm to a patient resulting from a medical intervention and not to the underlying condition of the patient.
“Agency,” any agency of the executive branch of government in the commonwealth, including but not limited to any constitutional or other office, executive office, department, division, bureau, board, commission or committee thereof; or any authority created by the general court to serve a public purpose, having either statewide or local jurisdiction.
"Board'', the patient safety and medical errors reduction board.
“Healthcare-associated infection,” an infection that a patient acquires during the course of receiving treatment for other conditions within a healthcare setting.
"Lehman center'', the Betsy Lehman center for patient safety and medical error reduction.
"Incident'', an incident which, if left undetected or uncorrected, might have resulted in an adverse event.
"Medical error'', the failure of medical management of a planned action to be completed as intended or the use of a wrong plan to achieve an outcome.
"Patient safety'', freedom from accidental injury.
“Patient safety information,” data and information related to patient safety, including adverse events, incidents, medical errors, or healthcare-associated infections that are collected or maintained by agencies.
(b) There shall be established within the center the Betsy Lehman center for patient safety and medical error reduction. The purpose of the Lehman center shall be to serve as a clearinghouse for the development, evaluation and dissemination, including, but not limited to, the sponsorship of training and education programs, of best practices for patient safety and medical error reduction. The Lehman center shall: (1) coordinate the efforts of state agencies engaged in the regulation, contracting or delivery of health care and those individuals or institutions licensed by the commonwealth to provide health care to meet their responsibilities for patient safety and medical error reduction; (2) assist all such entities to work as part of a total system of patient safety; and (3) develop appropriate mechanisms for consumers to be included in a statewide program for improving patient safety. The Lehman center shall coordinate state participation in any appropriate state or federal reports or data collection efforts relative to patient safety and medical error reduction. The Lehman center shall analyze available data, research and reports for information that would improve education and training programs that promote patient safety.
(c) Within the Lehman center, there shall be established a patient safety and medical errors reduction board. The board shall consist of the secretary of health and human services, the executive director of the center, the director of consumer affairs and business regulations and the attorney general. The board shall appoint, in consultation with the advisory committee, the director of the Lehman center by a unanimous vote and the director shall, under the general supervision of the board, have general oversight of the operation of the Lehman center. The director may appoint or retain and remove expert, clerical or other assistants as the work of the Lehman center may require. The coalition for the prevention of medical errors shall serve as the advisory committee to the board. The advisory committee shall, at the request of the director, provide advice and counsel as it considers appropriate including, but not limited to, serving as a resource for studies and projects undertaken or sponsored by the Lehman center. The advisory committee may also review and comment on regulations and standards proposed or promulgated by the Lehman center, but the review and comment shall be advisory in nature and shall not be considered binding on the Lehman center.
(d) The Lehman center shall develop and administer a patient safety and medical error reduction education and research program to assist health care professionals, health care facilities and agencies and the general public regarding issues related to the causes and consequences of medical error and practices and procedures to promote the highest standard for patient safety in the commonwealth. The Lehman center shall annually report to the governor and the general court relative to the feasibility of developing standards for patient safety and medical error reduction programs for any state department, agency, commission or board to reduce medical errors, and the statutory responsibilities of the commonwealth, for the protection of patients and consumers of health care together with recommendations to improve coordination and effectiveness of the programs and activities.
(e) The Lehman center shall (1) identify and disseminate information about evidence-based best practices to reduce medical errors and enhance patient safety; (2) develop a process for determining which evidence-based best practices should be considered for adoption; (3) serve as a central clearinghouse for the collection and analysis of existing information on the causes of medical errors and strategies for prevention; and (4) increase awareness of error prevention strategies through public and professional education. The information collected by the Lehman center or reported to the Lehman center shall not be a public record as defined in section 7 of chapter 4, shall be confidential and shall not be subject to subpoena or discovery or introduced into evidence in any judicial or administrative proceeding, except as otherwise specifically provided by law.
(f) Notwithstanding any general or special law to the contrary, the Lehman Center and each agency that collects or maintains patient safety information may transmit such information, including personal data under section 1 of chapter 66A, to each other through an agreement, that can be an interagency service agreement, that provides for any safeguards necessary to protect the privacy and security of the information; provided, that the provision of such information is consistent with federal law.
(g) The Lehman center may adopt rules and regulations necessary to carry out the purpose and provisions of this section. The Lehman center may contract with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity to manage its affairs or carry out the purpose and provisions of this section.
(h) The Lehman center shall report annually to the general court regarding the progress made in improving patient safety and medical error reduction. The Lehman center shall seek federal and foundation support to supplement state resources to carry out the Lehman center's patient safety and medical error reduction goals.
Budget Amendment ID: FY2018-S3-265
GOV 265
DCAMM Lease Authorization
Messrs. deMacedo, Humason, Tarr and Ross moved that the proposed new text be amended by inserting the following 2 sections:-
“SECTION XX: Section 35 of chapter 7C of the General Laws, as so appearing, is hereby
amended by striking out, in lines 11 and 12, the words "a term not exceeding 10 years"
and inserting in place thereof the following words:- an initial term not exceeding 10
years with two 5-year extensions.
“SECTION XX: Section 35A of said chapter 7C, as so appearing, is hereby amended by
striking out subsection (b).
Budget Amendment ID: FY2018-S3-266-R3
3rd Redraft GOV 266
GIC Composition
Messrs. Brady, Eldridge and Cyr, Ms. Gobi and Mr. O'Connor moved that the proposed new text be amended by inserting after section 24 the following section:-
“SECTION 24A. Chapter 32A of the General Laws is hereby amended by striking out section 3 and inserting in place thereof the following section: -
Section 3. There shall be established within the executive office for administration and finance, but not under its jurisdiction, a special unpaid commission to be known as the group insurance commission. The group insurance commission shall consist of the secretary of administration and finance, the commissioner of insurance and the following members to be appointed by the governor, 1 of whom shall be a representative appointed from a list of 3 representatives who shall be nominated by the president of the Retired State, County and Municipal Employees Association of Massachusetts, 1 of whom shall be a health economist and at least 3 of whom shall be full-time state employees, 1 of whom shall be a member of the Massachusetts Public Employees Council, #93, AFSCME, Massachusetts State Labor Council, AFL/CIO, to be appointed from a list of 3 representatives who shall be nominated by the executive director of the Massachusetts Public Employees Council #93, 1 of whom shall be a member of the Massachusetts State Employees Association, National Association of Government Employees, to be appointed from a list of 3 representatives who shall be nominated by the president of the National Association of Government Employees and 1 labor representative to be appointed by the governor from a list of 3 representatives who shall be nominated by the president of Local 5000 SEIU/Trial Court and 1 labor representative to be appointed by the governor from a list of 3 representatives who shall be nominated by the president of the Service Employees International Union, Local 509, and 1 labor representative to be appointed by the governor from a list of 3 representatives who shall be nominated by the president of the Massachusetts Organization of State Engineers and Scientists, 1 of whom shall be a management representative who shall be appointed from a list of 3 representatives nominated by the Massachusetts Municipal Association and 1 of whom shall be a labor representative who shall be appointed from a list of 3 representatives nominated by the president of the teachers' union with the greatest amount of active and retired members enrolled in commission health plans. In addition, upon the transfer of 45,000 subscribers from municipal governmental units to the group insurance commission pursuant to section 19 of chapter 32B, there shall be an additional management representative to be appointed by the governor from a list of 3 representatives who shall be nominated by the Massachusetts Municipal Association and an additional labor representative to be appointed by the governor who shall be selected from a list of 3 representatives of municipal public safety employees nominated by the president of the Massachusetts chapter of the AFL/CIO.
Whenever an organization nominates a list of representatives for appointment by the governor under this section, the organization may nominate additional candidates if the governor declines to appoint any of those originally nominated. Not more than 55 per cent of the appointed members of the commission shall be members of the same political party. No member appointed by the governor shall be an insurance agent, broker, employee or officer of an insurance company. Upon the expiration of the term of office of an appointed member, that member’s successor shall be appointed in like manner for a term of 3 years. The commission shall be provided with suitable offices and may, subject to appropriation, incur expenses and appoint an executive director who shall be the executive and administrative head of the commission and who shall not be subject to chapter 31. The commission may authorize the executive director to appoint such employees as may be necessary to administer this chapter. There shall be paid by the commonwealth to each appointive member of the commission the necessary expenses actually incurred in the discharge of their official duties.
The commission shall adopt such reasonable rules and regulations as may be necessary for the administration of this chapter and shall make an annual report to the governor and to the general court which shall include any modifications or amendments made to contracts executed under this chapter. The commission shall also hold at least 2 public hearings annually to receive comments and feedback from interested parties prior to a board vote related to any amendment to plan design, cost sharing, deductibles or other state employee cost. The rules and regulations shall be in such form so as to enable employees to understand the benefits available from the insurance program, including the costs thereof.”.
Budget Amendment ID: FY2018-S3-268-R1
Redraft GOV 268
GIC Out of Pocket Gap
Messrs. Brady, Cyr and Eldridge, Ms. L'Italien, Messrs. McGee and Pacheco, Ms. Gobi, Ms. Flanagan, Messrs. Keenan, O'Connor, Timilty, Moore and Humason, Ms. O'Connor Ives and Mr. Lesser moved that the proposed new text be amended by inserting, after Section 100, the following new Section:-
“SECTION 100A. Notwithstanding any general or special law to the contrary, there shall be a senate cost containment working group to address the rising cost of health care. The working group shall include, but not be limited to, the senate chair of health care financing who shall serve as chair, the senate president, the chair of the senate committee on ways and means, the senate chair of the joint committee on public health and not less than 3 additional members of the senate, of whom 1 shall be appointed by the minority leader. The senate president may invite additional members to join the working group. The working group shall identify priority areas to address cost containment.
In addition to any identified priorities, the working group shall consider the cost of health insurance for public employees, including both active and retired state employees and active and retired municipal employees and any other public employees or retired public employees who access health insurance through the group insurance commission.
To assist in this consideration, there shall be a public employee coalition to advise the working group on the underlying cost drivers related to the growth in public employee health insurance including, but not limited to: (i) cost sharing; (ii) deductibles; (iii) out-of-pocket costs; (iv) general affordability of premiums and cost-sharing requirements; (v) impacts of cost increases related to cost-sharing adjustments on state employees; and (vi) opportunities to realize cost savings resulting in decreased premiums or cost-sharing responsibilities. The coalition may provide cost estimates related to cost-savings proposals and the working group may request information from state agencies and other stakeholders to receive additional information relative to cost estimates related to any cost-savings proposals being considered by the working group and coalition.
The chair of the working group shall invite members to join the coalition; provided, however, that the coalition shall provide representation of public employees including, but not limited to: (i) labor organizations; (ii) retired public employees; and (iii) any additional stakeholders as the chair of the working group may invite.
The working group shall receive testimony and feedback from the coalition and hold not less than 3 public hearings on the matter of public employee health care costs. The working group shall provide its findings in a report to be filed with the clerk of the senate and made publicly available on the legislative website not later than February 1, 2018.”
Budget Amendment ID: FY2018-S3-269
GOV 269
Employee Vacation and Earned Sick Leave Credit Task Force
Messrs. Tarr, Humason, Ross and O'Connor moved that the proposed new text be amended by inserting after section__, the following section:-
"SECTION __. There shall be established an employee vacation and earned sick leave credit task force to study and make recommendations on establishing a uniform state policy regarding the cash out of vacation and sick leave credits applicable to employees of the commonwealth who are in positions that are not subject to collective bargaining agreements. The task force shall be comprised of the following 11 members or their designees: the secretary of administration and finance who shall serve as chair; the administrator of the trial court; the colonel of state police; the chair of the board of higher education; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the senate president; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 3 persons to be appointed by the governor, 1 of whom shall have experience in labor law.
The task force shall study and make recommendations on establishing the following uniform policies and shall examine the practices of neighboring states: (i) rate of accrued sick leave; (ii) cash out of sick leave credit upon retirement; (iii) payment of sick leave credits upon the death of an employee; and (iv) transfer of sick leave credits from other political subdivisions of the commonwealth. In addition, the task force shall study the feasibility of establishing an extended illness leave bank for all employees of the commonwealth.
The task force shall convene not later than 30 days after the effective date of this act and shall file its recommendations with the clerks of the house of representatives and senate not later than December 31, 2017."
Budget Amendment ID: FY2018-S3-270-R1
Redraft GOV 270
Disabled Persons Protection Commission
Messrs. Barrett, Eldridge, deMacedo, Cyr and Moore, Ms. L'Italien, Messrs. O'Connor and Tarr and Ms. Creem moved that the proposed new text be amended in section 2, in item 1107-2501, by striking out the figure "$3,181,655" and inserting in place thereof the following figure:- "$3,281,655".
Budget Amendment ID: FY2018-S3-272-R3
3rd Redraft GOV 272
Springfield Central Cultural District
Messrs. Welch and Lesser moved that the proposed new text be amended in section 2, in item 0640-0300, by inserting the following:- "provided, that not less than $25,000 shall be expended for the Springfield Central Cultural District"; and, in said item 0640-0300 by striking out the figure "$16,500,000" and inserting in place thereof the following figure:- "$16,525,000".
Budget Amendment ID: FY2018-S3-273
GOV 273
Massachusetts Information Technology Center
Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, by inserting after item 1599-3856 the following item:
1599-3956 For rent and associated costs at the Massachusetts information technology center in the city of Chelsea ................................................................$500,000
Budget Amendment ID: FY2018-S3-274
GOV 274
Working with All Prescribers
Mr. Welch moved that the proposed new text be amended in section 6, after the word “physicians”, in each occurrence, by inserting the words:- “, podiatrists”.
Budget Amendment ID: FY2018-S3-276
GOV 276
Government efficiencies commission
Messrs. Lewis and Montigny moved that the proposed new text be amended by inserting, after section x, the following new section:-
"SECTION X. (a) There shall be a special commission to study and make recommendations concerning functional overlaps and other redundancies among state agencies and opportunities to promote efficiency and accountability in state government. The commission shall consist of the following members or their designees: (i) the house and senate chairs of the joint committee on state administration and regulatory oversight, who shall serve as co-chairs; (ii) the chair of the house committee on post audit and oversight; (iii) the chair of the senate committee on post audit and oversight; (iv) the house minority leader; (v) the senate minority leader; (vi) the state auditor; (vii) the assistant secretary of commonwealth performance, accountability and transparency; (viii) the state treasurer; and (ix) 2 members that shall be appointed by the governor.
(b) The commission shall identify ways to eliminate overlaps and redundancies among state agencies and make other recommendations as the commission considers appropriate with the goal of reducing costs to the commonwealth and enhancing the quality and accessibility of state services to the public. The commission shall consider merging or consolidating state agencies and programs if a merger would reduce costs without adversely impacting the quality of services. The commission shall also seek to identify opportunities to maximize revenues, such as federal grants and matching funds.
(c) The commission may hold hearings and invite testimony from experts and the public. The commission shall review and identify best practices learned from similar efforts in other states, including the state of Connecticut’s Commission on Enhancing Agency Outcomes which submitted its final report on December 30, 2010.
(d) The agency head and staff of each state agency under consideration by the commission shall ensure that any data, information or materials that the commission requests for purposes of its review and deliberations are provided to the commission in a timely manner.
(e) Members of the commission shall be named and the commission shall begin its work within 60 days of the effective date of this act. The commission shall report to the general court the results of its investigation and study and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives on or before January 2, 2018. The clerks of the senate and house shall post the report on the website of the general court."
Budget Amendment ID: FY2018-S3-277
GOV 277
Pension Fund Performance and Accountability
Mr. Ross moved that the proposed new text be amended by inserting, after section __, the following new section:-
“SECTION __. Section 23 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in subsection (f) by inserting after the word “board.” the following words:- “The PRIM board shall approve all salary adjustments and bonus awards of the executive director. Any salary increase or bonus award of the executive director must receive unanimous approval of the PRIM board. The board shall not approve a salary increase of more than 10 per cent or a bonus award of more than 20 per cent.”
Budget Amendment ID: FY2018-S3-278
GOV 278
DCAMM JOC
Mr. Fattman moved that the proposed new text be amended by inserting, after section __, the following new sections:-
“SECTION __: Subsection (d) of section 49 of chapter 9 of the acts of 2011 is hereby amended by striking out, in line 4, the figure “$100,000” and inserting in place thereof the following figure:- $150,000.
“SECTION __: Subsection (e) of said section 49 of said chapter 9 is hereby amended by striking out the words “January 1, 2017”, inserted by section 23 of chapter 119 of the acts of 2015, and inserting in place thereof the following words:- January 1, 2019.
“SECTION __: Subsection (f) of said section 49 of said chapter 9 is hereby amended by
striking out the words “June 1, 2017”, inserted by said section 24 of said chapter 119, and inserting in place thereof the following words:- June 30, 2019.
Budget Amendment ID: FY2018-S3-279
GOV 279
SAVE Program
Mr. Fattman moved that the proposed new text be amended by inserting, after section __, the following new section:-
SECTION __: Chapter 7 of the General Laws is hereby amended by inserting after section 62 the following section:- Section 63. (a) Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall direct all state agencies under the control of the governor or a secretary that are responsible for the issuance of public benefits or licensure to register for the federal Systematic Alien Verification for Entitlements, or SAVE, system. The secretary shall further instruct said agencies and departments to use SAVE to verify whether applicants for a public benefit or license, whose documentation is not available or is questionable, are qualified for benefit eligibility purposes. (b) Consistent with federal and state law, the registration for the SAVE system pursuant to this section shall be incorporated into a uniform system with such state agencies to determine common eligibility standards for applicants. (c) The secretary of administration and finance shall, on or before December 31, 2018, provide a written report to the senate and house committees on ways and means and the clerks of the senate and house or representatives detailing the steps it has undertaken to implement SAVE. Should a state agency required to register for the SAVE system under subsection (a) fail to implement the system prior to December 31, 2018, the secretary shall include in his report the specific reasons that agency has been unable to implement the SAVE program and a proposed action plan, including any legislation or requests for appropriations, to effectuate the registration of the SAVE system within 6 months.
Budget Amendment ID: FY2018-S3-280-R1
Redraft GOV 280
Sick Time Reform
Messrs. Fattman, Tarr, Ross, O'Connor, deMacedo and Humason moved that the proposed new text be amended by inserting after section 19 the following section:-
“SECTION 19A. Section 31A of chapter 29 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:- (e) No employee of the commonwealth shall accrue more than 1,000 hours of unused sick leave credits.”; and
by inserting after section 100 the following 6 sections:-
“SECTION 100A. Notwithstanding any general or special law to the contrary, an employee of the commonwealth who has accrued more than 1,000 hours of unused sick leave credits shall not accrue credits in excess of those credits, but may accrue credits for any sick time that is used.
SECTION 100B. Notwithstanding any general or special law to the contrary, section 19A shall take effect for any employee of the commonwealth who has accrued not more than 1,000 hours of unused sick leave credits.
SECTION 100C. Notwithstanding any general or special law to the contrary, the personnel administrator of the human resources division shall promulgate revised rules under the second paragraph of section 28 of chapter 7 of the General Laws to incorporate the changes enacted in section 19A.
SECTION 100D. There shall be a sick time working group to analyze the effects of implementing a sick leave credit cap of 1,000 hours for state employees. The working group shall be comprised of the following members or their designees: the personnel administrator; the director of the human resources division; the chairs of the joint committee on public service or their designees; the ranking minority members of the joint committee on public service or their designees; and 2 additional persons appointed by the governor, 1 of whom shall be appointed by the National Association of Government Employees and 1 of whom shall be appointed by the Massachusetts AFL-CIO.
The working group shall issue a report on the costs, benefits and legality of prohibiting an employee of the commonwealth who has accrued more than 1,000 hours of unused sick leave credits from being allowed to accrue additional sick leave hours and on capping existing employees’ sick leave credits at 1,000 hours. The report shall include, but not be limited to, an analysis of relevant labor laws and existing agreements between employer groups and the commonwealth. The report shall include a comparison of sick leave polices in other states and other public and private employers in the commonwealth, including a specific analysis of other state laws pertaining to accrued sick leave credits of employees represented by an employer representative group. The report and any recommendations for legislation shall be filed with the clerks of the senate and house of representatives and with the chairs of the joint committee on public service not later than July 1, 2018.
SECTION 100E. Notwithstanding any general or special law to the contrary, in the event of a conflict between section 19A and the terms of a collective bargaining agreement, the terms of the collective bargaining agreement shall prevail.
SECTION 100F. Section 19A and sections 100A to 100C, inclusive, shall take effect July 1, 2019.”
Budget Amendment ID: FY2018-S3-281-R1
Redraft GOV 281
Sick Leave Buyback
Messrs. Ross, Humason, Tarr and O'Connor moved that the proposed new text be amended by inserting, after section __, the following new sections:-
“SECTION __. Notwithstanding any general or special law to the contrary, there shall be a special commission to review section 20 of chapter 6 of the General Laws. The commission shall consist of 2 members of the house of representatives, with one being appointed by the house minority leader, 2 members of the senate, with 1 being appointed by the senate minority leader, 1 member appointed by the secretary of the commonwealth, and 1 member appointed by the governor. The commission shall be charged with evaluating the sufficiency of said section 20; investigating issues related to storage, preservation and presentation of all items in possession of the Grand Army of the Republic Memorial Room, including all artifacts and related records; considering alternative locations where said items may be more appropriately housed; and making legislative recommendations. The commission shall submit its findings and recommendations for legislation to the clerks of the house and senate no later than December 31, 2018."
Budget Amendment ID: FY2018-S3-282
GOV 282
DCAMM Government Center Operations
Ms. Lovely moved that the proposed new text be amended in section 2, in item 1102-3199, by striking out the figure "$8,606,075" and inserting in place thereof the figure "$9,160,033"
Budget Amendment ID: FY2018-S3-283
GOV 283
Inspector General Bureau of Program Integrity and Internal Special Audit Unit
Ms. Flanagan moved that the proposed new text be amended in section 2, by striking out in line item 0910-0220 the numbers “$396,000” and inserting in place thereof the following: $450,000; And be further amended by striking out in line item 0910-0300 the numbers “$420,750” and inserting in place thereof the following: $450,000.
Budget Amendment ID: FY2018-S3-284
GOV 284
Quarter Point
Messrs. Tarr and Humason moved that the proposed new text be amended in section 2, by inserting after item 1599-4417 the following item:-
“1599-4445 For a reserve to meet the fiscal year 2018 costs of quarter point benefits authorized by collective bargaining agreements with the executive branch and ratified by the general court...............……………..$ 8,110,781"
Budget Amendment ID: FY2018-S3-285
GOV 285
A&F IT Administration
Messrs. Tarr and O'Connor moved that the proposed new text be amended in section 2, in item 1100-1700, by striking out the figure "$29,113,755" and inserting in place thereof the following figure:- "$29,963,755".
Budget Amendment ID: FY2018-S3-286
GOV 286
CPA Trust Fund Increase
Ms. Creem, Messrs. Cyr, Eldridge and Moore, Ms. L'Italien, Messrs. Keenan, Lewis, Brownsberger, Ross and Barrett, Ms. Gobi, Messrs. Hinds, Lesser and O'Connor, Ms. O'Connor Ives, Ms. Flanagan and Ms. Lovely moved that the proposed new text be amended by inserting, after section XX, the following new section:-
SECTION ____. Section 8 of chapter 44B is hereby amended by striking it in its entirety and inserting in place thereof the following:
Section 8. (a) Except as otherwise provided, the fees of the registers of deeds to be paid when a document or instrument is recorded shall be subject to a surcharge of $45; provided, however, that if the document or instrument to be filed includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $45 surcharge. The fee for recording a municipal lien certificate shall be subject to a surcharge of $20; provided, however, that if the certificate includes multiple references to a document or instrument intending or attempting to assign, discharge, release, partially release, subordinate or notice any other document or instrument, each reference shall be separately indexed and separately assessed an additional $20 surcharge. The surcharges imposed shall be used for community preservation purposes. No surcharge shall apply to a declaration of homestead under chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional pages, photostatic copies, abstract cards or additional square feet for the recording of plans.
(b) The fees of the assistant recorder, except as otherwise provided, to be paid when the instrument is left for registering, filing or entering with respect to registered land shall be subject to a surcharge of $45. The fees for so registering, filing or entering a municipal lien certificate shall be subject to a surcharge of $20. The surcharges shall be imposed for the purposes of community preservation. No surcharge shall apply to a declaration of homestead of chapter 188 or to the filing of any subordinate mortgage extended by any public agency or quasi-public agency, including but not limited to a Commonwealth municipality or the Massachusetts Housing Partnership. No surcharge shall apply to the fees charged for additional lots shown on plans, for indexing instruments recorded while a petition for registering is pending, for additional certificates of sewer assessments, for old age assistance liens, for duplicates and for photocopies.
(c) All surcharges on fees collected pursuant to this section shall be forwarded to the Massachusetts Community Preservation Trust Fund, established in section 9.
SECTION 2: The commissioner of revenue shall provide notification to the registers of deeds, the assistant recorders and the joint committee on revenue that the new surcharge amounts established under Section 1 shall take effect 120 days following the passage of this section. All documents received by the registers of deeds and assistant recorders that are postmarked prior to the effective date shall be subject to the fee surcharge applicable to section 8 of chapter 44B of the General Laws that was in effect prior to that date.
Budget Amendment ID: FY2018-S3-287-R1
Redraft GOV 287
Women’s Fund of Western Massachusetts
Messrs. Lesser and Welch moved that the proposed new text be amended in section 2, in item 7002-0010, by adding at the end thereof the following: "provided that $75,000 be expended for the Women’s Fund of Western Massachusetts for a pilot program in collaboration with the national Partnership for Young Women’s Progress that will utilize public/private funding and address core structural issues that keep a majority of the nation’s low-income young women from experiencing robust health, economic security, personal safety and the leadership opportunities that their gifts and strengths deserve"; and in said item, by striking out the figure "$150,000" and inserting in place thereof the figure "$225,000"
Budget Amendment ID: FY2018-S3-288-R1
Redraft GOV 288
Commission on the Operation of chapter 21J
Messrs. Ross and O'Connor moved that the proposed new text be amended by inserting after section 100 the following section:-
“SECTION 100A. There shall be a special commission to study the operation of the underground storage tank program established in chapter 21J of the General Laws. The commission shall investigate and study: (i) the manner in which owners and operators are reimbursed under the program including, but not limited to, the claims approval process and delays in reimbursement; (ii) methods to address long-term funding of the program, including the establishment of a retained revenue account; and (iii) new methods for owners and operators to recover costs under the program, including the use of tax credits.
The commission shall consist of: the commissioner of revenue or a designee; the commissioner of environmental protection or a designee; 2 members of the senate, 1 of whom shall be appointed by the senate minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; 1 member of the Underground Storage Tank Petroleum Cleanup Fund Administrative Review Board; and 2 persons to be appointed by the governor. The members shall elect a chair and vice chair.
The commission submit the results of its study and its recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representatives not later than June 1, 2018.”.
Budget Amendment ID: FY2018-S3-289
GOV 289
Discretionary Spending Trends
Messrs. Tarr, Ross and O'Connor moved that the proposed new text be amended by inserting after section__, the following new section:-
SECTION__. Notwithstanding any special or general law to the contrary, the secretary of administration and finance, in consultation with the house and senate committees on ways and means, shall conduct an analysis and review of non-discretionary state spending over the period of the past ten years, for the primary purpose of identifying trends and particular areas of growth or contraction.
A report reflecting the findings of such analysis and review, together with any recommended strategies for addressing those findings, shall be filed with the clerks of the house and senate not later than September 1, 2018.
Budget Amendment ID: FY2018-S3-290
GOV 290
HRD Health and Welfare
Mr. deMacedo moved that the proposed new text be amended in section 2, in item 1750-0300, by striking out the figure "$31,061,194" and inserting in place thereof the following figure:- "$31,661,194 ".
Budget Amendment ID: FY2018-S3-291
GOV 291
Municipal Procurement
Messrs. Hinds and Cyr moved that the proposed new text be amended in section 2, by inserting, after section 114, the following new section:-
SECTION 115. Section 39M of chapter 30 of the General Laws is hereby amended by striking out the words “on the COMMBUYS system administered by the operational services division, (3)”.
Section 44A of chapter 149 of the General Laws is hereby further amended by striking out the words “on the COMMBUYS system administered by the operational services division, (3)”
Budget Amendment ID: FY2018-S3-292
GOV 292
HRD Administration
Mr. deMacedo moved that the proposed new text be amended in section 2, in item 1750-0100, by striking out the figure "2,918,811" and inserting in place thereof the following figure:- "$3,018,811".
Budget Amendment ID: FY2018-S3-293
GOV 293
Support for Cities and Towns
Messrs. Tarr, O'Connor and Ross moved that the proposed new text be amended in section 2, in item 1599-0026, in section 2, by striking out item 1599-0026 and inserting in place thereof the following item:-
“1599-0026 For a reserve to support municipal improvements; provided, that not more than $3,350,000 shall be transferred to the executive office of public safety and security for a competitive grant program for public safety and emergency staffing to be administered by that executive office; provided further that the grants shall be awarded to communities that have populations of at least 60,000 and demonstrate that their pol ice departments had an operating budget per capita of less than $200 if fiscal year 2016; provided further, that not more than $2,800,000 shall be expended to fund the district local technical assistance fund, established in section 2XXX of chapter 29 of the general laws, including projects that encourage regionalization, to be administered by the division of local service and distributed through the district local technical assistance fund; provided further, that not less than $2,000,000 shall be expended for a multi-year competitive grant program to provide finical support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; and provided further, that not more $2,000,000 shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order 554 issued January 23, 2015”…………………$10,150,000
Budget Amendment ID: FY2018-S3-293.1
Further GOV 293.1
Municipal regionalization and efficiency initiatives
Mr. deMacedo moved that the amendment be amended in section 2, in item 1599-0026, by further amending the underlying text by inserting after the word “agencies” the following: “counties”.
Budget Amendment ID: FY2018-S3-294
GOV 294
Tax Expenditure Review
Messrs. Humason, Tarr and Ross moved that the proposed new text be amended by striking out section 8 and inserting in place thereof the following section:-
SECTION 8. Chapter 14 of the General Laws is hereby amended by adding the following section:-
Section 14. (a) There shall be within the Department of Revenue, but not subject to its supervision or control, a tax expenditure review commission that shall examine and evaluate the administration, effectiveness and fiscal impact of tax expenditures as defined in section 1 of chapter 29 and as presented with the governor’s proposed budget under section 5B of said chapter 29. The commission shall consider the public policy objectives behind the grant of any tax expenditure and the metrics of measuring success in meeting those objectives and shall make recommendations as to whether the tax expenditure should be repealed, sunset, amended to better achieve its policy goals and metrics or permitted to continue in its current form.
(b) The commission shall consist of 7 members, the Commissioner of the Department of Revenue or a designee, who shall serve as chair; the secretary of administration and finance or a designee; the inspector general or a designee; the state treasurer or a designee; and 3 members who shall be appointed by a majority vote of the ex officio members and have experience in economics or tax policy. The 3 appointed commission members shall each serve 3-year terms and may be eligible for reappointment upon a majority vote of the 4 ex officio members. The commission shall be staffed by the department of revenue.
(c) The commission shall establish a schedule to review tax expenditures so that each expenditure shall be reviewed at least once every 5 years; provided, however, that the commission shall not review personal income tax expenditures more than once every 10 years. The review schedule may group tax expenditures by the individuals or industries benefitting from the expenditures, the objectives of the expenditures or the policy rationale of the expenditures. The commission’s review of each tax expenditure shall include the date the tax expenditure was enacted and the statutory citation.
(d) Pursuant to the schedule established in subsection (c), the commission shall evaluate, using best practices and standardized criteria:
(i) the purposes, intent and goals of each tax expenditure and whether the expenditure is an effective means of accomplishing those ends;
(ii) the fiscal impact of each tax expenditure on state and local taxing authorities, including past fiscal impacts and expected future fiscal impacts;
(iii) the economic impact of each tax expenditure including, but not limited to, revenue loss compared to economic gain and jobs created, retained or lost as a result of the tax expenditure;
(iv) the extent to which the purpose, intent or goal may have occurred without the tax expenditure;
(v) the extent to which the commonwealth’s administration of the tax expenditure, including enforcement efforts, is efficient and effective;
(vi) the extent to which there are other local, state or federal tax expenditures, direct expenditures or other programs that have similar purposes, intent or goals as the tax expenditure and the extent to which such similar initiatives are coordinated, complementary or duplicative;
(vii) similar tax expenditures, if any, offered by other states and the impact of the tax expenditure on regional and national economic competitiveness; and
(viii) the extent to which the tax expenditure is a cost-effective use of resources.
(e) For each tax expenditure reviewed, the commission shall provide a recommendation as to whether the tax expenditure should be repealed, allowed to sunset, amended to better achieve its policy goals and metrics or allowed to continue in its current form.
(f) The commission shall have access to documents and information, including aggregated tax return information and related documents maintained by the department of revenue necessary for the performance of the commission’s duties under this section but excluding information provided to the commonwealth by other federal and state tax agencies where such access is prohibited by law; provided, however, that tax returns and related documents shall not include a taxpayer’s personal identifying information and such returns and documents shall be confidential and exempt from disclosure as a public record. The commission, in collaboration with the department of revenue, shall adopt policies and procedures to ensure taxpayer confidentiality.
(g) Annually, not later than November 1, the commission shall report the results of its findings and activities of the preceding year and its recommendations to the clerks of the senate and house of representatives who shall forward the same to the chairs of the senate and house committees on ways and means and the chairs of the joint committee on revenue. The report shall include all information required to be reviewed by this section and recommendations, as required under subsection (e), for each tax expenditure reviewed. All reports shall be made available electronically and prominently displayed on the official website of the department of revenue
Budget Amendment ID: FY2018-S3-295
GOV 295
DCAMM Additional Funding
Messrs. Timilty, Cyr and Moore moved that the proposed new text be amended in section 2, in item 1102-3199, by striking out the figure "$8,606,075" and inserting in place thereof the following figure:- "$9,897,930".